故宫建筑全景图著作权纠纷案

In this copyright dispute case, the plaintiff Quan Mouke Company is a company specializing in the research and development of mobile Internet and virtual reality technologies. It has professional three-dimensional panoramic shooting technology and has created the “Forbidden City” VR series of panoramic photography works (hereinafter referred to as the works involved in the case) and registered the copyright with the Beijing Copyright Bureau.

同某公司未经许可，在其主办的网站（kuleiman.com）上传了涉案作品中共计76幅摄影作品。

The plaintiff claimed that the defendant’s actions violated his right to disseminate the works involved on the information network, so he filed a lawsuit with the court.

一审法院判决同某公司赔偿全某客公司经济损失及合理开支494500元。一审判决作出后，同某公司提起上诉。二审法院判决驳回上诉，维持原判。

法院生效判决认为，涉案作品属于可360度全景体现物体和场景的摄影作品，依法应当予以保护。

The plaintiff submitted the electronic manuscript of the work in question, the work registration certificate and a printout of the plaintiff’s webpage displaying the work in question. The above evidence corroborates each other and can prove that the plaintiff enjoys the copyright of the work in question and has the right to file a lawsuit based on the copyright dispute.

Without permission, the defendant provided a 360-degree panoramic display of the works in question on the website it operated, allowing the public to obtain the works in question at a time and place of their own choice, infringing the plaintiff’s right to disseminate the works in question over the information network.

The image data of cultural relics in the collection formed in the digital construction of museums belong to the category of cultural relic data. For some movable and immovable cultural relics, if the photographic images contain the intellectual selection and judgment of the collector and have originality, they constitute photographic works stipulated in the China’s Copyright Law.

This case clarified the path for protecting original cultural relics and video materials in accordance with China’s Copyright Law, and has reference significance for the adjudication of cases in related fields.